Hi Everyone,

I failed my first two rounds of Social Security Disability and am now on to my final third round where I have to go in front of a judge.

I've read about other people's experience, but I have NEVER heard anyone mention the judge hiring medical experts and vocational experts to come to the hearing and cross examine the person requesting disability.

The Judge is sending a medical expert and a vocational expert (who I've never met or heard of) my records and is requesting them to come to the hearing to testify against me.

IS THIS NORMAL?

I am not familiar with this but I think there is posts on the board about disability and someone on there may be able to offer you help. If you go to the page that lists all the different conditions and topics.
I am also sorry that you have to deal with this stress on top of everything else. I hope that things end up going smooth.

Hi lovefamilypets,

That is tough. I don't know how normal it is for a judge to take his own time to compile evidence against you. I'm assuming you have an attorney I would question him on it.

It took me a long time to get disability also. I was denied the first time and then got it on the appeal. But before I was approved I had to agree to give up a year of backpay. They take a year as it is so I lost 2 years of earnings in lew of not having to go in front of a judge. So much time had passed while it went through the process that they owed quite a bit of backpay by the time my case came on the court calendar. So as long as they only had to pay me 3 years instead of 4 I didn't have to go in front of a judge. They plays games just like any one else. I wish you the best.

Go to the disability section on this fourm it has people who really know the system.

Good Luck.

Gabbycakes

Attorney is critical at this stage. Good advice to check with the disability forum. Here is the direct link:

http://neurotalk.psychcentral.com/forum28.html

CRPS is a condition recognized by the Social Security Administration. I had a favorable decision with my case. But you must have all of your ducks in a row. It is imperative to have a solid strategy going into this hearing.

Good luck!

First thing - are you represented? If not, do so immediately. It is worth the money that you pay for him/her.

Secondly - take a deep breath and relax. It is normal for the judge or SS to hire "expert witnesses" to testify.

I had my SSDI hearing on June 1st. It went very smoothly, as I had an attorney. It was what is considered an "informal hearing", so there was only me, my attorney, the judge, court reporter and the vocational expert. The judge asked a few questions about my previous work history, my previous life, my kids, etc. Then he asked about my condition, what/when/where treatments I had, and then asked the vocational expert if in today's work force I could hold a job based upon my age, education, previous work experience and my current health condition. The vocational expert had looked at my medical history and my previous work experience prior to the hearing, and had determined that given my condition, the amount of necessary resting, possible sick days and medication I am on that I would not be productive as an employee to any employer.

You don't have anything to worry about if you are honest in regards to your condition and you aren't "exaggerating" the pain. Having an attorney is to your benefit, as he/she would be advising you, compiling your medical history so that it is easier for the judge, expert witnesses, and the SSI employees to read and understand. Your attorney would also advise you, help you to keep your composure, educate you and be an ally in the room.

Good luck, and again, don't worry about the vocational and/or medical expert. If you are truly in the condition that you are claiming, they will see it and testify in your favor. Think about an attorney if you don't have one. He/She would only boost your claim, organize and provide a well-documented, well-written report about your condition.

I hate to hear it when someone has this kind of trouble. The gov. so much wants to reduce the rolls of people that it makes it hard for those who really do need it. whatever they throw at you, keep to what you know is true about your conditions. I was turned down twice too, and did go before the judge. there were two others besides my lawyer, to "interview me" I was not nervous, rather flat out happy, that I could tell a judge in person about my dissaability. I was asked a few questions, and I faced it bravely without tears or fears. I was granted dissability on the spot, no more waiting for a ruling. do not fear if you are dissabled, they will see it on the records, and I believe this could be the beginning of things to get better for you. This hearing can be to your advantage, just tell the truth and look them in the eye. I have my own legal stuff regarding my family, that I have to attend in court. I am not afraid, rather it is a chance to tell my side. Good luck, and remember, may get the dissability after these hearings, or right on the spot. chin up, don't freak yet OK? Tap back if I can do anything to reassure you. ginnie

I don't know about a whole line up of experts, but I KNOW the vocational expert is normal at an ALJ hearing. I believe it's necessary for a voc specialist to be there, but I am not positive on that.

I had a voc specialist at my ALJ hearing. The judge is supposedly knowledgable about being a judge. The judge is there to oversee that your 'evidence' that you are disabled is consistent with your medical records. Given the medical evidence documenting your limitations, a voc specialist is necessary to determine what work you can do. Obviously, you are hoping that he will conclude that you can do ....nothing.

I know it's easy to say "Try not to be nervous" My hearing is over with And....thankfully, it went well.

My biggest advice is answer the judge honestly and BRIEFLY. I tend to go off on tangents, so my lawyer warned me he would kick me under the table if I was blabbing too much.

For instance.....a common question from the judge is "What is a normal day like for you"

For most of us, 'normal' is hard to define.

I recently had a fun day at a Jimmy Buffett concert. Tailgating all day and then going in to the show. I loooked festive in my parrothead gear and had fun with my friends. I also took 3 times as much medication as normal, supplemented that with copious amounts of alcohol (I'm not advising anyone else do that !), required several ice packs, had to lay down in the car several times and do cervical traction, had to leave the actual concert to go lay down, and missed my husband's famous steak tips because I was laying down then. I also couldn't even consider doing a 'walk about' to check out everyone else's tiki bars and whatnot.

At many points during a good day, someone could look at me and not think I have anything wrong with me.

Bad days are spent mostly in bed downing pills and praying for someone to come and put in a catheter so I wouldn't have to get out of bed to go to the bathroom.

DON"T tell all that to the judge.

I went with.....most days I am unable to shower (as that would require extra meds). I have to stay in my pj's and I go from my room to my chair in the den. It has to be my specific chair with arms and a high back to support my L arm which has issues withpain, numbness, tingling, and swelling. Sometimes I can play on the computer on a small table next to my chair. My husband does the grocery shopping and main food prep. Most of the time, I can fix myself a sandwich or snack. I have to lay down frequently, usually with traction or an ice pack. I nap frequently because I don't get more than 1 hour of sleep at a time. (That has improved for me now, but was the case at the time)I often need one of my kids to get medical supplies, meds, food, and drink for me. I sweat profusely many times per day and am unable to change my bed linens.

At that point, my lawyer kicked me.

Judge turned to the voc expert and asked......"Applicant is a 43 yo woman with a BS in nursing. Is there any job that she can do in a particular chair, with her R arm, that allows her access to a bed where she can lay down when needed and occassionally nap ?

Voc Expert answered, "No, your honor"

Judge called for the next case.

Don't be afraid of the 'experts' They aren't there trying to prove you shouldn't have benefits. They are there to see if the evidence proves total disability.

As others have said.....I strongly recommend having legal representation there will you. The are the ones who are supposed to make sure that your reord/application does prove your disability AND make sure all of the pertinent facts are brought to the attention of the judge.

Good luck

Part of me is frustrated that I even have to go through this right now. The last few months my RSD has been spreading and I'm coming up on my 3 year anniversary (not sure if anniversary is the right term for diagnosis date). Breathe, breathe....
Thanks everyone for the help and support. It is nice to know you are all out there and know how hard this can be. Luckily, I do have a lawyer. I have not talked to him yet, but I'm assuming at one point I will.

Patti, Ginnie, and Finz
I really appreciate the details you gave me about your experience going in front of a judge. I guess part of what scares me is just not knowing what goes on at the hearing. I picture it like some murder trial where I'm up on the stand being grilled about every doctor I've seen and every detail they've written about me.
Since my days and nights can vary, I also wasn't sure how I should even respond to questions. Do I give them my best, worst, average? I'm hoping the attorney will tell me how to approach that. I also tend to go off on tangents when I talk so keeping it brief is not my fortay.

I'll look at the link to SSDI on Neurotalk and get a better understanding of it. Thanks again for everyone's support! I don't know what I would do without all of you.

The room where I went for the ALJ hearing was a little cramped room with just enough room for the judge, her recorder, the vocational expert, and me and my attorney. It went just as finz said. The VE could find nothing I could do, and the judge gave me the decision.

Just remember to do as your attorney asks and you should be A ok